Chapter 1.1 Foundations of Law

Bell Ringer #1 Write this sentence in your notebook and complete it. Explain! “If our country did not have a legal system, it would ____________.”

Bell Ringer #2 Write this sentence in your notebook and complete it. Write good reasons and bad reasons for this Amendment. “The 26th Amendment did this_______.”

Decision Making Morality - values that govern a group’s ideas about right and wrong. Ethics - rules use to determine difference between right and wrong.

4 Ways to Make Ethical Decisions: Greatest Good Principal Golden Rule Real World Ethics Ethical Character Traits

4 types of character traits: Honesty Justice Compassion Integrity

Examples Give an example of each Rule, Principal, and Character Trait. Which of these rules guide your decision making process?

Scenario As you walk down the street you found a wallet full of money on the ground. You placed an ad in the lost and found section of the local paper. After a month of running the ad no one has responded to it. Is it your ethical duty to find the rightful owner?

5 Main Sources of Laws Constitutional Law Common Law Statutes and the Civil Law System Court Decisions Administrative Regulations

Constitutional Law Federal Constitution State Constitutions

Federal Constitution Most basic law Tells us how the government operates.

Branches of the Gvn’t Legislative Branch - passes the laws (article 1) Executive Branch - upholds the laws (article 2) Judiciary Branch - interprets the laws (article 3)

Remaining Articles Article 4 - each state must accept the laws of other states. Article 5 - how laws can be added Article 6 - Supremacy Clause Article 7 - How to approve the constitution (already done - 1787)

Amendments 27 Amendments First 10 - Bill of Rights Limits power of the government Protects our individual rights and freedoms

Important Amendments 1st - protects freedom of speech, religion, assembly and press 13th - abolished slavery 16th - imposed income taxes 19th - women right to vote 26th - lowered voting age to 18

State Constitutions Similar to the US Constitution 3 branches More detailed

Common Law Laws made by the court Other courts must follow Origination - English common law Doctrine of Precedent

Statutes and the Civil Law System Civil laws based on statutes rather than court decisions.

Federal Statutes Laws passed by Congress Signed by the President Matters that deal with the nation Cannot conflict with the US Constitution.

State Statutes Each state creates statutory laws Orders people to do something Cannot conflict with the Constitution UCC - Uniform Commercial Code Commerce Clause Read example on page 13.

Ordinances Local governments create laws that affect their citizens Parking, weed control, noise ordinances, etc…

Court Decisions Case law Court decisions Judge-made law

How courts make laws Common Law Traditions Interpreting Statutes Judicial Review *Supreme Court has the last say

Administrative Regulations Have knowledge on certain fields that legislatures don’t Final decision can be reviewed by the courts.

International Law International treaties are like Federal Statutes. International Agreements (trade agreements) - tells how countries should interact within the international community.

Questions What is the difference between morality and ethics? What is the difference between law and ethics Why is the law necessary? What are the five primary sources of the law in the US?